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G11-13 Ordinance No. G11-13 AN ORDINANCE AMENDING TITLE 3 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "BOARDS AND COMMISSIONS" TO PROVIDE FOR A CODE OF CONDUCT FOR THE MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power, perform any function pertaining to its government and affairs; and WHEREAS,the City Council has determined that it is necessary and desirable to establish a code of conduct for the members of city boards, commissions, committees and task forces; and WHEREAS,a code of conduct for the members of city boards,commissions,committees and task forces pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3.03 of the Elgin Municipal Code, 1976, as amended, entitled "Meetings;General Provisions"be and is hereby further amended by adding a new section 3.03.110 thereto entitled "Code of Conduct" to read as follows: "3.03.110: CODE OF CONDUCT: A. Purpose. The purpose of this code of conduct is to provide overall guidance to Members as to their conduct while serving the City of Elgin. The City reserves the exclusive right to change any of these policies at any time and to require adherence to the changed policy. B. Definitions. For the purposes of this section, "Commission" means all City boards, commissions, committees and task forces created by the City Council, except for the liquor commission, the police pension board and the firemen's pension board. For the purposes of this section, "Member" means any person who has been appointed to serve on a City of Elgin Commission. C. Fair Representation. The City of Elgin is committed to a policy of fair representation and the City of Elgin and no Member shall discriminate on the basis of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability,military status,sexual orientation,or unfavorable discharge from military service. All Members shall follow this policy as Members formulate their recommendations to the City Council. Members are expected to adhere to the same standards in the course of their duties. D. Continued Service. The City Council, in its discretion,may suspend or remove any elkMember for failure to meet the qualifications for membership, for incompetence, neglect of duty, malfeasance in office, violation of law, violation of any provision of the code of conduct or when such suspension or removal is in the best interests of the City as determined by the City Council in its sole discretion. E. Representation. Unless authorized by the Commission to speak on behalf of the Commission, a Member is encouraged to seek prior consultation from the chairperson of the Commission prior to taking any public action or making any public statement on matters within the purview of the Commission. Such public actions or public statements on matters within the purview of the Commission may include, but are not limited to, public statements to the press, use of the internet and/or social media outlets, coalition or lobbying efforts with other organizations, or any agreements involving contracts,resources,finances or other obligations. When speaking or writing publicly on matters within the purview of the Commission,unless a Member has been authorized to speak on behalf of the Commission or the Member is speaking on behalf of a position that the Commission has taken by formal action, the Member shall make clear that he/she is speaking on his/her own behalf and not on behalf of the Commission. No Member shall use his or her member title or speak or write as a Member except when speaking on behalf of the Commission. Except when a Member is speaking on behalf of the Commission,no Member shall identify him or herself as a Member without making clear that he or she is not speaking on behalf of the Commission. F. Copyright/Ownership Issues. All work product prepared by the Member relating to the Commission at issue including, but not limited to, graphic materials, web page designs, narratives, research, compilations, instructional text, reports, plans, studies, photographs and recommendations, shall be the property of the City of Elgin and shall be delivered to the City of Elgin upon request from the City. The Member may retain copies of such work product for the Member's own records but such work product may not be used or reproduced without the permission of the City of Elgin. The Member's acceptance of an appointment as a Member shall constitute Member's conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the Member to the City of Elgin of all such work product prepared by the Member pursuant to such Member's membership. The City of Elgin shall have the right as determined by the City to utilize and/or amend such work product. Members may be recognized for their contributions as determined by the City of Elgin. G. Non-Compliance/Dismissal. The failure by a Member to adhere to any part of this code of conduct may result in a recommendation to the City Council of suspension from the Member's duties and/or removal as a Member.A Member shall be provided notice as to the proposed reason or grounds for removal and an opportunity to be heard prior to any such removal. H. Certain Member Obligations. A Member's obligations shall include but not be limited to: 1. Represent the City of Elgin with professionalism, dignity and pride, and be responsible for conducting his/herself with courtesy and appropriate behavior. 2. Follow through and complete accepted tasks. F - 2 - 3. Conduct his/herself in a respectful manner, exhibit good sporting conduct, and be a positive role model. 4. Seek training for the Member's role by participating in meetings, self-study, or other training opportunities to help the Member work more effectively with appropriate audiences. 5. Display respect and courtesy for employees, other Members, program participants, visitors, citizens and property. 6. Provide a safe environment by not harming anyone in any way, whether through discrimination, sexual harassment,physical force, verbal or mental abuse, neglect, or other harmful actions. 7. Respect the privacy of persons served by the organization and hold in confidence sensitive, private and personal information. 8. Keep city staff informed of progress, concerns and problems with the program(s) in which the member participates. 9. Work cooperatively as a team member with the City of Elgin employees and other Members. 10. Respect and follow policies and program expectations of the member commission, task force or committee. 11. Keep personal opinions and actions separate from those made as a representative of the City of Elgin. 12. Avoid conduct,both on duty as a Member and off duty that would jeopardize the effectiveness of the program(s) in which the Member participates. I. Conflict of Interest. All conflicts of interest and circumstances giving rise to a perceived conflict of interest or the appearance of impropriety shall be avoided. Members must avoid the appearance of favoritism towards people and organizations with whom a Member is affiliated. Examples include if a Member serves as a volunteer board member for a service organization, the Member must not vote on any matter which will directly affect that organization. J. Advisory Role Only. Except for circumstances where a Commission is acting in a quasi- judicial role including certain actions of the Planning and Zoning Commission,the Human Relations Commission,the Board of Fire and Police Commissioners or the Heritage Commission,the duties, responsibilities and actions of the City's Commissions are advisory only, are limited to making recommendations to the City Council and shall not obligate the City of Elgin. Members, and the boards,commissions,committees and task forces of which they are a Member shall only take actions within their authority, duties and responsibilities as specifically set forth in the Elgin Municipal Code. The corporation counsel shall provide advice on legal issues relating to jurisdiction and authority as required. - 3 - . . K. Acknowledgement. All Members shall sign a copy of the code of conduct which includes an acknowledgement that the Member has read and will agree to abide by the code of conduct." Section 2. That 3.03.010 of the Elgin Municipal Code, 1976, as amended, entitled "Application" be and is hereby further amended to read as follows: "The provisions of this chapter shall apply to all city boards, commissions, committees and task forces created by the City Council,except for the liquor commission,the police pension board,the firemen's pension board and to the property maintenance board of appeals." Section 3. That Section 3.03.070 of the Elgin Municipal Code, 1976,as amended,entitled "Removal" be and is hereby further amended to read as follows: "The City Council,in its discretion,may suspend or remove any Member of a city board, commission, committee or task force for failure to meet the qualifications for membership, for incompetence, neglect of duty, malfeasance in office,violation of the code of conduct for Members or when such suspension or removal is in the best interests of the City as determined by the City Council in its sole discretion. A Member shall be provided notice as to the proposed reason or grounds for removal and an opportunity to be heard prior to any such removal." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. K ttain, ayor Presented: February 13, 2013 Passed: February 13, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: February 13, 2013 OF F , Published: February 15, 2013 Attest: ' ar4 , eub641,t DCZN .::?ter), t.�. Kimberly Dewi , City Clerk /i..i j 1 - 4 -